• Effective Date: Apr 18, 2024
1. On 04/18/2024, Commerce issued a final scope ruling that whole garlic cloves preserved in brine imported by Marcatus QED, Inc. (Marcatus) are covered by the scope of the antidumping duty order on fresh garlic from the People's Republic of China (China) (A-570-831). 2. Specifically, Commerce determined that Marcatus' whole garlic cloves preserved in brine are covered by the scope of the order because the product is not considered to be prepared or preserved by "heat processing," is considered "provisionally preserved," and not considered to be "wet-processed garlic." 3. This final scope ruling is applicable only to merchandise imported by Marcatus. 4a. Continue to suspend liquidation of entries of Marcatus' whole garlic cloves preserved in brine already subject to the suspension of liquidation under the antidumping duty order on fresh garlic from China at the cash deposit rate(s) in effect on the date of entry in accordance with message 3179404, dated 06/28/2023. 4b. For all entries of Marcatus' whole garlic cloves preserved in brine not already subject to the suspension of liquidation, CBP should suspend liquidation of: (i) shipments entered, or withdrawn from warehouse, for consumption on or after 06/26/2023, and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the scope inquiry but no earlier than November 4, 2021. CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. 5. Entries of products covered by paragraph 4 should not be liquidated until specific liquidation instructions are issued. 6. In accordance with 19 CFR 351.225(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII: CD.) 8. There are no restrictions on the release of this information. Alexander Amdur